Tennessee Code Annotated

Tenn. Code Ann. § 36-2-402 (2026)

Part definitions

✓ current as of May 2026

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As used in this part:

(1) "Embryo" or "human embryo" means an individual fertilized ovum of the human species from the single-cell stage to eight-week development;

(2) "Embryo parentage" means the acceptance of rights and responsibilities for an embryo by a recipient intended parent;

(3) "Embryo relinquishment" or "legal transfer of rights to an embryo" means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo;

(4) "Embryo transfer" means the medical procedure of physically placing an embryo into the uterus of a female recipient intended parent;

(5) "Legal embryo custodian" means the person or entity, including an embryo transfer clinic, who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person; and

(6) "Recipient intended parent" means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer.

Added by 2013 Tenn. Acts, ch. 309,s 1, eff. 7/1/2013.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2014–2021 · leading case: In Re Baby, 447 S.W.3d 807 (Tenn. 2014).

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In Re Baby, 447 S.W.3d 807 (Tenn. 2014). · cites it 4× “§§ 36-2-402(1), -403(a)(1)–(2). A child born pursuant to this procedure shall be considered the child of each intended parent who is a party to the contract, without any further requirement to terminate the genetic parents’ rights or for the intended parents to adopt.”

Cedra Deanntre Potts (Taylor) v. Starr Anastasia Potts (2021). · cites it 5× “” Tenn. Code Ann. § 36-2-402 (4). The terms “in vitro fertilization” and “embryo transfer” are used interchangeably throughout this opinion.”

In Re Baby (Tenn. 2014). · cites it 2× “§§ 36-2-402(1), -403(a)(1)–(2). A child born pursuant to this procedure shall be considered the child of each intended parent who is a party to the contract, without any further requirement to terminate the genetic parents’ rights or for the intended parents to adopt.”

— Tenn. Code Ann. § 36-2-402(1) — 2 cases

In Re Baby, 447 S.W.3d 807 (Tenn. 2014). “§§ 36-2-402(1), -403(a)(1)–(2). A child born pursuant to this procedure shall be considered the child of each intended parent who is a party to the contract, without any further requirement to terminate the genetic parents’ rights or for the intended parents to adopt.”

In Re Baby (Tenn. 2014). “§§ 36-2-402(1), -403(a)(1)–(2). A child born pursuant to this procedure shall be considered the child of each intended parent who is a party to the contract, without any further requirement to terminate the genetic parents’ rights or for the intended parents to adopt.”

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